GALVESTON - Art's Roofing is suing the city of Galveston and Eagle Remediation Services Inc. to recover approximately $48,000 for its services.
The business claims that it performed construction work for Eagle on Gulf Copper Tool Room Warehouse, which sits on real property belonging to the city, but did not receive any compensation, a lawsuit filed Jan. 19 in Galveston County District Court says.
Art's Roofing insists it attempted to resolve the matter to no avail, pointing out Eagle and the city ignored its written demand for payment.
The suit faults the city because it failed to have Eagle execute a payment bond as mandated by state law.
"The city of Galveston is subject to the same liability that a surety would have if the surety had issued a payment and bond, and the entity obtained the bond," the original petition says.
Attorney Frederick L. Fuhr of League City is representing the plaintiff, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.
Case No. 11-cv-0084